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WorksheetsAOS2B - Courts/Parliament Relationship
Total questions: 27
Worksheet time: 20mins
What is the main role of parliament?
Initiate and pass bills
Hold royal commissions
Debate issues
Act as a house of review
Select all that form part of a precedent:
Ratio decidendi
Locus standi
Obiter dictum
Stare decisis
Bona fide
What is a precedent?
A legal rule that can be persuasive on other judges
An example of statute law
A legal decision that establishes a new principle to be followed
A binding decision that all other courts must follow
What is a binding precedent?
The legal reasoning for a decision that must be followed by a lower court in the same jurisdiction when material facts are similar
The legal reasoning for a decision that must be followed by a lower court in the same jurisdiction when material facts are the same
The legal reasoning for a decision that must be followed by a lower court in a different jurisdiction when material facts are similar
The legal reasoning for a decision that must be followed by a higher court in the same jurisdiction when material facts are the same
How is a persuasive precedent defined?
A precedent that is really convincing
A precedent that is not binding but may influence a court's ruling
A precedent from outside of Australia
A precedent from parliament
Is this a persuasive precedent?
The Victorian Supreme Court follow a precedent made by the United States Supreme Court.
Yes
No
What case from the UK was used as a persuasive precedent in the Grant v Australian Knitting Mills case?
(a)
Grant v Australian Knitting Mills was heard in the...
County Court of South Australia
County Court of Victoria
Federal Court of Australia
High Court of Australia
Which of the following are names for court made law?
Statute
Statutory interpretation
Common law
Statute law
Precedent
A judge may be able to avoid following an existing binding precedent if he or she can find a difference in the material facts of the case. This is known as...
Reversing a precedent
Overruling a precedent
Distinguishing a precedent
Disapproving a precedent
If a judge is unhappy with a precedent but is still bound to follow it, they may...
Disapprove
Reverse
Denounce
Reject
A superior court changes a previous precedent, established by a lower court, in a different and later case. This is known as (a) a precedent.
A case is taken on appeal to a higher court, the superior court changes the decision of the lower court. This is called (a) a precedent.
What are reasons for statutory interpretation?
Statute is too broad/general
Outdated precedent
The Act doesn't cover new technology
Meaning of words is ambiguous/unclear
Inconsistencies with common law
There are a number of reasons why the court may need to interpret ________ that _________ makes. One reason may be difficulties in forseeing how the Act will be applied in the ______, for example due to rapid changes in __________.
legislation; Parliament; future; technology
law; Commonwealth Parliament; future; the values of society
cases; the court; past; the environment
statutes; Parliament; present; the law
A Latin term meaning 'by the way'.
Ex post facto
Obiter dictum
Stare decisis
Locus standi
Which are the elements of binding precedent?
Same hierarchy
Same or similar facts between three cases
Same or similar facts between two cases
Same court
The court is lower than the one where the precedent originated
Select the reasons for statutory interpretation
The words or phrases do not apply to situations properly
The intention of the Act is not clear
The Act is about a complex topic
Difficulty in foreseeing possible future applications of the Act
The case must come before the court
Select the impact of statutory interpretation
does not change the actual words
changes the wording of the Act
sets law for future changes in legislation
adds meaning to the words to be applied in future cases and situations.
the reasoning behind this interpretation sets a precedent
Parliament is the supreme law-making body with the ability to make and change any law within its constitutional power.
True
False
Parliament has the power to abrogate common law with the exception of the High Court in (a) matters?
There is a close relationship between the parliament and the courts, but parliament generally acts as the supreme law-maker.
Which of the following statements best defines the term ‘abrogate’?
Where a state parliament refers one or more of its powers to the Commonwealth.
Where a parliament reinforces through legislation a legal principle that has been made by a statutory authority.
Where the Commonwealth refers one or more of its powers to the states.
Where a parliament abolishes or cancels a law made in court by passing an Act of Parliament.
The common law is developed to ensure consistency and certainty over time.
Which of the statements below best explains the term ‘stare decisis’?
To stand by what has been decided; it is the basis of the doctrine of precedent.
Where the High Court gives special leave for an appeal to be heard.
To change the common law on appeal.
To change the common law in a separate, later case.
In terms of the doctrine of precedent, the binding part of a court judgment is the:
stare decisis.
obiter dictum.
ratio decidendi.
ipso facto.
The court's decision in Dieng v Tarola (studded belt case) is an example of which aspect of the relationship between the courts and parliament?
Abrogation
Statutory Interpretation
Courts influencing parliament
Codification
